Archive for Wednesday, December 3, 2003

Lawsuits filed against city scheduled for April trial

December 3, 2003

A lawsuit filed against the city because the city council members approved rezoning for about 27 acres of land will go to trial in April.

The trial is set to begin at 9 a.m. April 7 in Leavenworth County District Judge David King's courtroom.

The crux of the suit -- filed against the city by local residents Ernest L. and Ruth A. Edmonds -- is whether the city council acted properly in August when it approved rezoning for 27.5 acres of land owned by developer Greg Ward.

The council OK'd a change from rural residential to single-family. Rural residential zoning allows for lots that are a minimum of one acre in size, while single-family district allows for lots as small as 6,000 square feet in size. The land is on the west side of Smiley Road, north of Hatchell Road.

In their suit, the Edmonds cited what they say were procedural errors by the city, and their lawsuit said development of Ward's land at the new zoning density would adversely affect the area and would drive down property values.

Ward, who has said he plans single-family garden homes for empty-nesters and senior citizens, was allowed to intervene in the lawsuit in an effort to protect his interests.

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